The court order to remove the Ten Commandments is already in effect. The court of appeals didn't issue a stay pending their decision and didn't issue a stay pending further appeals. Even if Chief Justice Moore was to request a hearing en banque to the 11th Circuit or appeal to the Supreme Court, the order to remove the Ten Commandments is in effect. He would have to request a stay and hope that it was granted. Until then, he's under court order to remove the Ten Commandments from the Alabama Supreme Court building. The judges of the 11th Circuit was not amused by his continuing defiance of the court order (read the last few pages of their order). I would presume that Chief Justice Moore will continue to defy their court order, and is willing to pay the consequences of that continuing defiance.